Albulena Haxhiu, acting president of Kosovo, has asked the Constitutional Court to clarify who will exercise the president’s powers after her six-month term ends if the Assembly does not elect a new president.
Të lidhura
None found
The Office of the President confirmed this in a written response on October 6, precisely the day the deadline for electing a new president expires.
According to the office, the request was sent to the Court on October 5, based on Article 113, paragraph 3, subparagraph 1 of the Constitution.
“We have asked for clarification on how and by whom the necessary presidential powers may be exercised after the end of the six-month period if a new president has not been elected by then,” the Office of the President told RFE/RL.
Who has the authority to call elections?
The issue is particularly important because the Constitution provides for the dissolution of the Assembly if a president is not elected by October 6.
In March, the Constitutional Court ruled that failing to elect a president within the deadline would lead to the automatic dissolution of the Assembly and that early parliamentary elections must be held within 45 days.
However, it remains unclear which authority would call the elections. The Constitution grants this power to the president, while Article 90 does not allow anyone to serve as acting president for more than six months.
This is one of the issues for which Haxhiu has requested an interpretation from the Constitutional Court.
“The Constitution assigns this power to the president. One of the main issues we have presented to the Court is determining which authority may exercise it under the circumstances that have arisen,” the Office of the President said.
The office said that, in its view, a solution must be found in accordance with the Constitution that would enable the elections to be called and held within the legal deadlines.
Office of the President cites the principle of “institutional continuity”
Asked by RFE/RL how it assesses the situation, the Office of the President said it was relying on the principle of “institutional continuity.”
“Constitutional provisions must be read together so that the expiration of one deadline does not prevent the implementation of other constitutional obligations,” it said in its response.
According to the office, the request was submitted to the Constitutional Court to determine a solution that preserves institutional continuity within the constitutional order.
Haxhiu took office as acting president after Vjosa Osmani’s term ended on April 4.
The Constitution clearly stipulates that a person may serve as acting president for no more than six months.
So far, the Constitutional Court has not published a decision on the issues submitted by Haxhiu.
RFE/RL has contacted the Court to confirm whether it has received the request and to obtain further information about how it is being handled. RFE/RL is awaiting a response.
